AMHERST — A Hadley developer is pledging to complete the resurfacing of roads in an Amherst subdivision, and to make other necessary improvements that will bring them up to town standards, before the end of the year.
Planning Director Christine Brestrup informed the Planning Board last week that a letter from attorney Michael Pill, a lawyer with Green, Miles, Lipton LP of Northampton, on behalf of Tofino Associates LLC, tells the town that the roadwork will be finished by the end of 2020.
But to make sure that the work in the Amherst Hills development of Linden Ridge Road, Concord Way and Hawthorn Road is done, and that the town can accept the roads as public ways, Brestrup said the Planning Board would be asked to reimpose a covenant on the remaining nine Tofino-owned lots that haven’t been sold.
Joel Bard of KP Law provided legal advice that this action would have the same effect as rescinding an earlier release of the lots, which allowed Tofino to sell them. A subsequent Planning Board action has halted development, though, by asking the building commissioner to hold off on issuing any permits related to those properties.
Such an action would come in lieu of increasing the $288,000 security deposit that is part of a three-party agreement signed two years ago to cover the costs of the roadwork, which are now projected at $930,000, based on an estimate provided by town engineer Jason Skeels.
Brestrup said the nine lots are worth more than the cost of finishing the roads.
Even so, both neighbors and a representative of another building developer are disputing that a new covenant is the way to resolve the matter, observing that a Land Court lawsuit remains active.
That lawsuit seeks nonbinding arbitration, or mediation through the Real Estate Bar Association of Massachusetts. Tofino contends in that lawsuit that the residents, as a homeowners association, are responsible for maintenance of the roads.
Thomas Reidy of Bacon Wilson PC, who represents the property owners, said his recommendation is to increase the performance bond, along with reimposing the covenant.
Blake Spirko of Concord Way told planners that his preference would be to increase the bond instead of adjusting the covenant because five of the lots have vernal pools and may not be worth much if they are not buildable.
Andrew Bass, a representative of Bercume Builders, which bought some of the lots from Tofino, said the performance bond needs to increase since the Land Court action is holding up development of lots.
Planners will continue the discussion Feb. 5 and determine whether to sign a new covenant that night.


